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(영문) 수원지방법원 2017.11.24 2017노6256
교통사고처리특례법위반(치상)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.

2. The crime of this case was committed by the defendant while driving on a road with yellow on-and-off signal, etc. with a crosswalk, and due to negligence in the duty of front direction, etc., thereby causing serious injury to the victim of the crosswalk, and the negligence and degree of damage of the defendant are disadvantageous to the defendant.

On the other hand, the fact that the defendant is against the defendant's wrong recognition, that the defendant has no specific criminal history, that the vehicle of the defendant's driver is covered by the comprehensive automobile insurance, and that the defendant agreed with the victim is favorable to the defendant.

Considering the above circumstances and the Defendant’s age, sexual conduct, environment, motive for committing a crime, and circumstances after committing a crime, it is difficult to deem that the lower court’s punishment is too uneasible and unfair.

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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